State v. Golyar, 301 Neb. 488

Background

In November 2012, Cari Farver disappeared after spending the night with David Kroupa; her body was never recovered. Her Facebook, texts, and some debit-card activity continued after disappearance via accounts later linked to Shanna Golyar.
Investigators linked numerous fake "Farver" and "Flora" email/text accounts and online impersonations to Golyar by IP/device forensics; Golyar did not contest that linkage at trial or on appeal.
Digital evidence recovered from devices and an SD card tied to Golyar included photos of a tarp, images consistent with Farver's tattoos, and a photo a pathologist opined showed a decomposing human left foot; Farver's blood was later found in her vehicle.
Golyar authored multiple emails (posing as others) that confessed in detail to stabbing Farver, disposing/wrapping the body, burning property, and to setting the August 17, 2013, fire at Golyar’s residence; forensic evidence showed that fire was intentionally set.
Golyar waived a jury trial, did not testify, and presented no defense evidence at a 10-day bench trial; she was convicted of first-degree murder and second-degree arson and sentenced to life plus 18–20 years consecutive.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Golyar)	Held
Sufficiency — first-degree murder (corpus delicti & intent)	Circumstantial proof (absence, blood in vehicle, tattoos/photos, detailed confessional emails linked to Golyar) establishes death and premeditated, deliberate killing.	Evidence insufficient: no body, no direct proof Golyar killed Farver or formed premeditated intent.	Conviction affirmed; circumstantial evidence sufficient to prove death and purposeful, deliberate, premeditated killing.
Sufficiency — second-degree arson	Intentional fire plus Golyar’s motive, access, pattern of impersonation/vandalism, and Golyar’s confessions support arson conviction.	Evidence circumstantial and insufficient to prove Golyar set the fire.	Conviction affirmed; circumstantial evidence and confessions sufficient.
Ineffective assistance — jury waiver	Waiver was knowing; court advised defendant and she twice stated she waived after consulting counsel.	Counsel failed adequately to advise regarding right to jury.	Claim rejected: defendant personally waived twice on record; no particularized showing of unreasonable advice or interference.
Ineffective assistance — other trial counsel failures (severance, pretrial motions/objections, investigation, expert, advice to testify, name slips)	(State) Counsel’s choices were reasonable; many objections would have failed; record does not show prejudice or insufficient representation.	Counsel failed to move to sever, failed to file motions or investigate, failed to call rebuttal expert, improperly advised against testifying, and was unprepared.	Mixed: Most claims denied on direct appeal (record refutes deficiency or prejudice). Rebuttal-pathologist expert claim is raised adequately but record is insufficient to resolve on direct appeal (may be raised postconviction). Claim that counsel confused names denied.

Key Cases Cited

State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (circumstantial evidence can establish death where body not recovered)
State v. Cotton, 299 Neb. 650, 910 N.W.2d 102 (standards for raising ineffective-assistance claims on direct appeal)
State v. Escamilla, 291 Neb. 191, 864 N.W.2d 376 (premeditation and deliberation may be inferred from circumstantial evidence)
State v. McDonald, 230 Neb. 85, 430 N.W.2d 282 (circumstantial evidence can support arson conviction)
State v. Sing, 275 Neb. 391, 746 N.W.2d 690 (intent may be inferred from words, acts, and surrounding circumstances)
State v. Loding, 296 Neb. 670, 895 N.W.2d 669 (procedural bar and particularity requirements for ineffective-assistance claims on direct appeal)
State v. Vanness, 300 Neb. 159, 912 N.W.2d 736 (standards for determining ineffective-assistance claims on direct appeal)